HomeMy WebLinkAbout1994-11-21 ccm
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 21, 1994
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, November 21, 1994, at 3:00 p.m. Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City
Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - September 19 & 26. October 24 & 31 , and November 7. 1994
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the regular meeting of September 19, 1994, be approved as amended and that the
. minutes of the regular meetings of September 26, October 24, October 31 and November 7,
1994, be approved as submitted. The motion carried by the following Aye and No vote: those
voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck,
Commissioner Frost and Mayor Vincent; those voting No, none.
Mayor Vincent deferred action on the minutes of the regular meetings of September
6, September 12, October 3, October 17, and November 14, 1994 to a later date.
Decision - Variance from Section 18.50.120.F(2) of the Bozeman Municipal Code ~ Westmain
Ventures. Inc. ~ allow 16 of the reauired 22 off~street parkina spaces for retail sales ~ Lot 4...
Festival Sauare Minor Subdivision (2405 West Main Street) (C-9417)
This was the time and place set for the decision on the variance from Section
18.50.120.F(2) of the Bozeman Municipal Code as requested by Westmain Ventures, Inc.
. under Application No. C~9417, to allow 16 of the required 22 off~street parking spaces for retail
sales on Lot 4, Festival Square Minor Subdivision. The subject site is more commonly located
at 2405 West Main Street.
.
City Manager Wysocki noted that, included in the Commissioners' packets, was a
memo from Assistant Planning Director Debbie Arkell, along with a letter from Mr. Craig
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McVicker, dated November 15, 1994, withdrawing this application. He recommended that,
in light of this letter, the Commission accept the applicant's withdrawal.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission acknowledge receipt of and accept the letter of withdrawal, submitted by Mr.
. McVicker on behalf of the applicant. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost,
Commissioner Youngman and Mayor Vincent; those voting No, none.
Reauest for clarification/reconsideration of conditions of accroval for Vallev Commons Business
Park
Assistant Planning Director Arkell reminded the Commissioners that at their meeting
of August 1, they approved a Conditional Use Permit for the Valley Commons Business Park,
which is a Planned Unit Development, as well as a preliminary plat Planned Unit Development
for a nine-lot subdivision with a private street. The subject 15.2-acre parcel is located at the
northeast corner of Ferguson Avenue and U.S. 191.
The Assistant Planning Director stated that once the minutes for this meeting were
. completed and approved by the Commission, she forwarded a copy of the applicable portion
of the minutes to the applicant, which is a standard practice. After reviewing those minutes,
a copy of which has been included in the Commissioners packets, the applicant has requested
modifications or clarifications of four of the conditions listed.
Assistant Planning Director Arkell reviewed her memo of November 9, which was
included in the Commissioners' packets. In that memo, she forwarded the applicant's requests
for clarification and modification. She also reminded the Commissioners that they have not yet
acted on the Findings of Fact and Order for this subdivision, in light of the applicant's concerns.
The Assistant Planning Director stated the applicant is seeking a modification to
Condition Nos. 4.aa. and 5.e., both of which pertain to the time at which the installation of
. street lights along Valley Commons Drive must be installed. She noted that, while the minutes
reflect that street lights are to be installed in conjunction with the street improvements for that
roadway, the applicant and the Planning Director recall that those lights could be installed with
the development of each lot instead. She noted that the timing of the installation of street
lights along Fallon Street, which is also a part of Condition No. 5.e., is not an issue.
The
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applicant is also requesting a clarification of Condition No. 26, which requires that he provide
an engineered design for improvements to West Babcock Street from Fowler Avenue to West
Main Street. He is simply seeking clarification of the fact that the required design
does not
include the intersection of West Babcock Street and West Main Street, which is the subject of
. a Montana Department of Transportation project. The Assistant Planning Director noted that
staff concurs with this clarification. The last issue is Condition No. 28, which requires that the
applicant install temporary traffic circles on Yellowstone Avenue at the intersections of Toole
Street and Ravalli Street. The applicant has indicated it was his
understanding that traffic
circles would be required if the Director of Public Service identified a need for them; and he is
seeking modification of the condition if it is determined the condition is an accurate reflection
of the Commission's position.
City Manager Wysocki distributed a memo from Director of Public Service Phill Forbes,
dated November 19, to the Commission. He noted that in that memo, the
Director indicates
that modification of Condition No. 28, as requested by the applicant, would put him in a
difficult position since he does not agree with placing obstructions in existing intersections.
. The Director indicates, however, that if the Commission leaves Condition No. 28 as it is
contained in the minutes, he is willing to review any plans for proposed traffic circles.
At Mayor Vincent's request, each of the Commissioners, in turn, stated his or her
position on each of the four conditions upon which the applicant has requested clarification or
modification.
Commissioner Stueck stated it was his understanding that if the subject development
generated the anticipated increase in traffic on Yellowstone Avenue, then traffic circles would
be required. He stated concurrence with the proposed modification to Condition No. 26, noting
that it was never the Commission's intent for the applicant to design a State highway project.
He then indicated he has no problem with requiring the installation of street lights along Valley
Commons Drive as each lot is developed rather than being required in conjunction with the
. street improvements. He noted that this revision would be preferable to
the potential of
relocating street lights because of the configuration of development on a lot.
Commissioner Frost stated he agrees with the proposed modifications to Condition
Nos. 4.aa. and 5.e. He noted that during discussion of this item during the
decision-making
process, he spoke about his concerns that if curbs, sidewalks and lights are required in
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conjunction with the installation of Valley Commons Drive, there is a potential that they may
need to be relocated or replaced with development of individual lots. He then stated
his
support for allowing those improvements to be made as each lot develops, although he still
feels that the lights along Fallon Street must be installed prior to any development occurring
. within this subdivision. He then stated his concurrence with the clarification to Condition No.
26, noting that it more accurately reflects the Commission's intent. He recalled his specific
support of Condition No. 28 as it is written, stating he still supports that position.
Commissioner Youngman stated her support for the modifications to Condition Nos.
4.aa. and 5.e., as proposed. She also indicated support for the requested clarification
to
Condition No. 26. She then recalled specifically requiring that the applicant install temporary
traffic circles because the Commissioners were unable to identify a better alternative for
addressing the anticipated increased volume and high speeds of traffic on Yellowstone Avenue
as a result of this development. She stated her continued support of the condition as contained
in the minutes from the August 1 meeting, noting the importance of encouraging traffic to use
Fowler Avenue and Ferguson Avenue instead of residential streets.
. Commissioner Stiff stated he is comfortable with the minutes from the meeting of
August 1, as they were prepared, because he feels they are an accurate reflection. He noted,
however, that he is willing to accept the requested modifications to Condition Nos. 4. aa. and
5.e., as well as the requested clarification to Condition No. 26. He then indicated that, while
he did not support requiring the installation of temporary traffic circles at that meeting, he
recognizes the importance of ensuring that additional traffic impacts are not incurred by the
residents along Yellowstone Avenue. He did register concern about the way in which the last
sentence of the condition is written, noting it seems to anticipate that permanent traffic circles
will also be installed.
Commissioner Youngman suggested that the word "If" be installed at the beginning
of that sentence; Commissioner Stiff concurred that would address his concerns.
. Commissioner Stueck stated that, after listening to the other Commissioners'
comments and another review of the minutes from the August 1 meeting, he concurs with
them on Condition No. 28 and the reasons for requiring immediate installation of temporary
traffic circles.
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Responding to Commissioner Frost, Assistant Planning Director Arkell stated that
Condition No. 4.aa. reflects a modification in the covenants for the development, while
Condition No. 5.e. reflects a change to the Design Guidelines and the Bylaws for the
development.
City Attorney Luwe stated that after the Commission makes its decision on these
. requested clarifications and modifications, staft will bring back the Findings of Fact and Order
for this subdivision.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission approve modifications/clarifications of the following conditions for approval of the
Conditional Use Permit for a Planned Unit Development, under Application No. Z-9458, to allow
a nine-lot business/commercial development;
and for a preliminary plat Planned Unit
Development for Valley Commons Business Park, under Application No. P-9424, to create nine
lots with a private street:
4.aa. The Design Guidelines
narrative shall clarify that street lights, as
shown on the Valley Commons
Drive Typical Streetscape Section,
must be installed at the time
Vallc" Commons Drivc eaGhlot is
J ::,:,:,:,:",:""",.,.,.,.,.,.,.,.,.,.,.,.,.,
developed;
. 5.e. Standard street lights
shall be installed along Fallon Street prior to
final plat approval.
Street lights, as detailed on the Valley
Commons Drive Typical Streetscape
Section, shall be installed ffi
conjunction with Valley Commons
Drive street improvemcntsa~
~~9fJI9t;:!:~!M~~9P~;
26. Prior to final plat
approval, the developer shall provide the City of
Bozeman with an engineered
design for improvements to West
Babcock Street from Fowler
Avenue to 'A/cst Main Street tha
~~m:!!~::;:::;~t'~~~i::::::I~Q!~m~:::i::igl
p~r~I~~~:::::~t:::::lf~9~~9:~~:~~!i~~:'l,..I~9iJ:~j;,!
pr9]ij9~' Aspects to be included
in the design shall be verified
with the Director of Public
Service prior to development of the
design.
The cost of the design shall be subject to payback
provisions to the developer,
to be established by the City of
Bozeman;
28. The developer shall
install temporary traffic circles on Yellowstone
Avenue at the intersections
of Toole Street and Ravalli Street,
with the design and location
to be reviewed and approved by the
Director of Pub..I.~.~...~~~~i?~.p..~.i..?~
t<:>fi~~I.'p..I..~.~..?pproval. U permanent
. traffic circles ~:~~jjj!qi~!;U:i~P~~~11~9:~
;:::~'h~;::::ijq~~~~ are to be paid by
property owners in the immediate
vicinity of the traffic circles, per
City policy;
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent;
those voting No, none.
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Ordinance No. 1391 - annexation of the 1500 block of South Third Avenue into the MSU
Neighborhood Parkina District
Included in the Commissioners' packets was a copy of Ordinance No. 1391, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1391
. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING
SECTIONS 10.32.395.A, PERTAINING TO THE AREA DESIGNATED AS
THE MSU RESIDENTIAL DISTRICT TO ENLARGE THE AREA TO BE
INCLUDED WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M
OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE
FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON-
STREET PARKING PERMIT REGULATION PROGRAM.
City Manager Wysocki reminded the Commissioners that they had provisionally
adopted this ordinance on first reading at the November 7 meeting, and recommended that they
finally adopt it on second reading at this time.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission finally adopt Ordinance No. 1391, annexing the 1500 block of South Third
Avenue into the MSU Neighborhood Parking District. The motion carried by the following Aye
. and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman.
Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
Ordinance No. 1392 - annexation of the 1500 block of South Grand Avenue into the MSU
Neiahborhood Parkina District
Included in the Commissioners' packet was a copy of Ordinance No. 1392, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1392
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING
SECTIONS 10.32.395.A, PERTAINING TO THE AREA DESIGNATED AS
THE MSU RESIDENTIAL DISTRICT TO ENLARGE THE AREA TO BE
INCLUDED WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M
OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE
. FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ONR
STREET PARKING PERMIT REGULATION PROGRAM.
City Manager Wysocki reminded the Commissioners that they had provisionally
adopted this ordinance on first reading at the November 7 meeting, and recommended that they
finally adopt it on second reading at this time.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
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Commission finally adopt Ordinance No. 1392, annexing the 1500 block of South Third Avenue
into the MSU Neighborhood Parking District. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner
Stueck, Commissioner Frost and Mayor Vincent; those voting No, none.
. Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, November 22, at the Carnegie Building.
(2) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, November 22, at the Carnegie Building.
(3) Agenda for the Gallatin County Commission meeting to be held at 1 :30 p.m.
on Tuesday, November 22, at the Courthouse.
(4) Agenda for the Highway Commission meeting to be held on Wednesday,
. November 30, in Helena.
The City Manager noted there are several items of interest to Bozeman on that
agenda.
(5) Copy of a public notice from the County Commissioners regarding the
deadline for items on the next week's agenda.
(6) Copy of a letter from Judy Mathre, Local Government Center, regarding the
workshop for Study Commissioners, set for December 15 and 16.
(7) Copy of the article Soft on Crime from the Time magazine, as submitted by
Commissioner Frost.
(8) The City Manager submitted his weekly report, as follows. (1) City crews
have been plowing since the recent snowfall; and the streets are now in fairly good condition.
. (2) Reviewed a conceptual plan for a major development this past week. (3) Met with the
employee committee regarding health insurance last week. (4) Attended the open house at the
new HRDC houses last week. (5) Met with the Study Commission on Wednesday evening, at
their organizational meeting. (6) Stated that staff will seek requests for qualifications for design
of the projects which are to be funded through the general obligation bond issue which was
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approved two weeks ago. He noted it is possible that some of the design work may
be
completed before the bonds are actually sold. He also noted the possibility of seeking a bond
rating prior to sale of the bonds because of the upgrade in the City's financial stability since the
last bond rating, indicating this could result in a lowered interest rate.
. (9) The City Manager asked the Commissioners to forward items for legislative
change, since staff is beginning to draft language for possible bills. He noted that items which
have been previously discussed include local option gas tax by Cities, the ability to establish
15 mile-per-hour speed limits, and the possibility of locating a Chamber of Commerce office at
a visitors' center.
Mayor Vincent noted the possible need for legislation which specifically allows the
use of photo radar in a general government powers community.
Commissioner Youngman noted that the Housing Task Force recommendations
included the idea of a State Housing Trust Fund. She also suggested that
the City should
consider supporting legislative changes which would better protect mobile home owners
residing within mobile home courts.
e Commissioner Stiff suggested that the City should also be prepared to support
whatever efforts are undertaken to keep the Montana Law Enforcement Academy in Bozeman.
(10) Commissioner Frost submitted the following. (1) Attended the HRDC open
house on Friday, noting that it was interesting to talk to three of the owners of these new
homes. (2) Encouraged the Commissioners to attend the Study Commission workshop if at all
possible, noting it contains valuable information. (3) Asked if any of the other Commissioners
receive the Historic Preservation newsletter which is published by the Historic Preservation
Office. He noted that in the latest edition there are two excellent articles about the growth of
Bozeman and the attempts in the late 1800's to get the capitol located in Bozeman.
He
suggested that it would be beneficial to remember the information from those articles when
making decisions about the future of Bozeman.
e (11 ) Commissioner Stueck submitted the following.
(1) Met with the Eagle
Mount Board of Directors regarding the equestrian program. He noted that the Board has not
decided whether it wants to move the horse barn from Big Sky to its site south of town.
(2)
Asked for a future agenda item to ban dogs from Main Street. He stated
that, while walking
this week, his wife slipped on some "dog do" and reinjured her shoulder.
In light of this
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incident, he is concerned about the safety of older citizens. (3) Stated he has asked the staff
about the possibility of putting more teeth into the ordinance which prohibits people from
driving cars or trucks off roads and through lots and fields within city limits.
He stated that
recent incidents in park areas on campus graphically depict the need for such a revision.
. (12) Commissioner Youngman submitted the following. (1) Announced that she
will make a presentation at the Study Commission workshop. (2) Attended
the realtors'
reception for newly-electeds and other officials last week. She noted
that during that
gathering, she was able to talk to several realtors informally about the affordable housing crisis.
(13) Commissioner Stiff submitted the following.
(1) Attended the realtors'
reception last week. He noted that he found those who have been elected to the Legislature
to be receptive to those items about which he spoke to them. (2) Attended
the City-County
Health Board meeting last week. Items of discussion included the air quality
ordinance and
review of the by-laws. (3) Reviewed articles contained in two editions of The
Times from
Shreveport, Louisiana. He noted that in mid-October, he received a telephone
call from that
community because one of the candidates for Mayor is in a wheelchair as a result of a
. trampoline accident 22 years ago. He noted that the candidate was successful in his bid for
Mayor; however, the election results were very interesting. He noted that the successful
candidate received approximately 5 percent of the black vote, while the other candidate
received about 11 percent of the white vote.
(14) City Attorney Luwe submitted the following. (1) Stated that a modification
has been made to the notary block on Consent Item No. 9m, which is not reflected in the copy
contained in the Commissioners' packets. (2) Stated that Assistant City
Attorney Wordal is
currently working on revisions to the animal control ordinance; and he will ask her to
incorporate Commissioner Stueck's concerns in her revisions.
(15) Clerk of the Commission Sullivan reviewed the agenda for next week's
meeting, which includes an evening session.
. (16) Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of
Commerce, stated that some behind-the-scenes activity is occurring regarding the Montana Law
Enforcement Academy, in an effort to keep it in Bozeman.
City Manager Wysocki reminded the Commissioners that if the MLEA is not retained
in Bozeman, it will cost the City more to send its police officers to the school; and they will not
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be able to attend as many classes as they do now.
( 17) Mayor Vincent submitted the following.
(1) Noted that the snow has
succeeded in slowing the traffic on his street. (2) Encouraged the Commissioners
to take a
walk from the southwest corner to the northeast corner of Cooper Park, noticing the number
. of tire tracks and the number of trees which have been painted with blue spray paint. He
expressed concern about the amount of vandalism that is evident in the community, asking
what can be done to minimize it. (3) Attended the initial meeting of the
Bozeman Study
Commission on Wednesday evening. (4) Noted that in the latest edition of Sunset magazine,
there is a small article on Bozeman, and the fact that Bozeman is not Aspen, yet, primarily from
a celebrity standpoint. (5) Stated he is concerned about one of the comments in
the
newspaper article regarding the opening of a new Dana Designs manufacturing plant in
Lewistown, which suggests that their employees can live better in Lewistown than they can
in Bozeman.
(18) Mayor Vincent raised questions about the snow shoveling ordinance.
He
noted that, while the ordinance is a good one, he is not sure that requiring that residential
. sidewalk be cleared within 24 hours of the cessation of a snowfali is adequate. He stated that
in that length of time, the snow can become very packed and, therefore, difficult to remove.
He expressed concern that if one tries unsuccessfully to shovel the snow, the provisions of the
ordinance will have been met without accomplishing the desired result.
City Attorney Luwe stated the ordinance requires that the sidewalk be cleared down
to the concrete. He noted that if the sidewalk cannot be successfully cleared, the
ordinance
provides that an abrasive, such as sand, can be sprinkled on top of the snowpack or ice.
The City Manager noted that a reminder has been placed in the newspaper; and
enforcement of the snow shoveling ordinance will now begin.
Consent Items
. City Manager Wysocki presented to the Commission the following Consent Items.
Deviation from Section 18.65.050.C to allow a low-Drofile sign to be claced
on 20-foot costs instead of solid base - Occucational TheraDv.
206 North Grand Avenue; Der DRB recommendations
(Z-94129)
Accrove reauest for Dermission to conduct Second Annual Doa Walk-a.thon
- Saturday I Mav 6. 10:00 a.m. . Bogert Park; deny reauest for
cermission to sell T-shirts. sweatshirts. and donated food and
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beverages: Der recommendation from Recreation and Parks
Advisory Board
Reauest for Dermission to temDorarily Dlace a 12-foot by 18-foot storage
shed adiacent to the Bogert Pavilion (to house ice machine) -
Bozeman Amateur Hockey Association: Der recommendations
from Recreation & Parks Advisory Board and Desian Review Board
. Commission Resolution No. 3030 - establish in a fees for cODies reauested
by individuals and organizations
COMMISSION RESOLUTION NO. 3030
A RESOLUTION OF THE CITY OF COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, ESTABLISHING A FEE FOR COPIES PROVIDED BY
CITY EMPLOYEES AT
THE REQUEST OF
AN INDIVIDUAL OR
ORGANIZATION.
Authorize City Manaaer to sign - Annexation Aareement - PC DeveloDment,
Inc. - 1.51-acre tract known as Tract A. shown as the Ferauson
and Bacon Tract on COS No. J-92-A, located in the SE%, Section
10, T2S, R5E, MPM (southwest corner of Babcock and Fowler)
Commission Resolution No.
3031 - annexina
the Babcock/Fowler
Annexation - a 1.51-acre tract known as Tract A, shown as the
Ferguson and Bacon Tract on COS No. J-92-A, located in the
SE% , Section 10, T2S. R5E, MPM (southwest corner of Babcock
and Fowler)
COMMISSION RESOLUTION NO. 3031
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN
SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF
BOZEMAN A TRACT OF LAND CONTIGUOUS TO SAID CITY AND
REFERRED TO AS THE BABCOCK/FOWLER ANNEXATION AND HEREIN
MORE PARTICULARLY DESCRIBED.
Staff report - intent to annex 1.8 acres known as Lots 4. 5, 6, 7 and 8,
Lewis Subdivision, located along the west side of Sourdough Road
iust north of its intersection with Kaay Boulevard . reauested by
M.G. Merrill, S.M. Barnard, and W.W. and C.W. Locke (A-9407)
Commission Resolution No. 3032 - intent to annex 1.8 acres known as Lots
4, 5, 6, 7 and 8, Lewis Subdivision, located alona the west side
of Sourdough Road iust north of its intersection with Kagy
Boulevard: set Dublic hearina for December 19, 1994
COMMISSION RESOLUTION NO. 3032
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
. MONTANA, DECLARING IT TO BE THE INTENTIONS OF THE CITY OF
BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A
TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND
HEREIN MORE PARTICULARL Y
DESCRIBED, TO
EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Authorize Mayor to sian - Findings of Fact and Order for Annie Subdivision,
Phase II (94.934 acres located in the NE% and SE%, Section 2,
T2S, R5E, MPM -- north side of Durston Road immediately west
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of Annie Subdivision. Phase I)
Authorize City Manaaer to sian - Change Order No. 1 - 1994 Street
ImDroyements. Schedule V - Concrete SDecialties. Inc. ~ add
$503.20 and 0 calendar days
Authorize City Manager to sian - Chanae Order No. 1 - West Babcock
Subdivision (HRDC) - Johnston Excavating - add $17 .482.62 and
. o calendar days
Authorize City Manaaer to sign - Release and Reconveyance of Easement
and Right-of-WaY - abandon 25-foot sanitarv sewer easement
aranted on October 10. 1951
across Lots 1 and 3. Minor
Subdivision No. 109 - Georae E. Westlake and Kay H. Martinen
(Wal-Mart area)
Authorize City Manager to sign - Accectance of Water Piceline Easement -
30~foot easement across Lots 5 and 6. Block 13. Valley Unit
Subdivision. Phase I - Ken LeClair. Linden Court. Inc.
Authorize settina of cublic hearing for Detition for annexation into MSU
Neighborhood Parkina District for December 5. 1994
Building InsDection Division recort for October 1994
Claims
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the Consent Items as listed, and authorize and direct the appropriate
. persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost,
Commissioner Youngman and Mayor Vincent; those voting No, none.
Recess - 3:55 c.m.
Mayor Vincent declared a recess at 3:55 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
Reconvene - 7:00 C.m.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
. the scheduled public hearings.
Public hearing ~ Commission Resolution No. 3021 - relatina to issuance of Drivate activity
revenue bonds under the Montana Industrial Develocment Act in the aagregate DrinciDal amount
of $9.050.000 for construction of Acadia Gardens. a 160-unit aDartment comDlex on Lots 1.
2 and 3. Block 14. Annie Subdivision
This was the time and place set for the public hearing on Commission Resolution No.
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3021, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 3021
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO A PROJECT ON BEHALF OF DICKMAN
APARTMENTS, L.L.C., AND THE ISSUANCE OF REVENUE BONDS TO
FINANCE THE COSTS THEREOF UNDER MONTANA CODE ANNOTATED,
. TITLE 90, CHAPTER 5, PART 1, AS AMENDED; GRANTING PRELIMINARY
APPROVAL THERETO AND CALLING A PUBLIC HEARING THEREON.
Mayor Vincent opened the public hearing.
Ms. Mae Nan Ellingson, Dorsey and Whitney, bond counsel, provided a brief overview
of the request. She noted that both the Montana Code Annotated and the Internal Revenue
Service allow for governmental entities to issue tax exempt bonds for certain projects which
the Federal Congress has determined would be in the public interest; and multi~family housing
projects, a portion of which is dedicated to low- and moderate-income families, is one of those
identified purposes. She noted it is important to recognize that these bonds are "conduit"
bonds. Because the bonds are tax exempt, they must be issued by a governmental entity;
however, the governmental entity incurs no pecuniary liability or obligation for those bonds.
She stated that bond buyers purchase those bonds with the understanding that the only source
. of revenues for repayment of the bonds is from the rental of the housing units or through a
Housing and Urban Development guarantee.
Ms. Ellingson noted that, since the City's name will be on the bonds and since the
City is lending its tax exempt status by issuing the bonds, it is important for the Commission
to weigh those issues in its decision-making process. She reminded them, however, that
approval of this request does not financially obligate the City in any way.
Mr. Elden Chang, applicant, reminded the Commission that the subject 160-unit
apartment complex went through the appropriate review processes and was approved in 1992.
He indicated that he purchased the subject property in September. Subsequently, he received
approval from the Planning Department for some minor changes to the project as originally
. approved, to provide more three-bedroom apartments. This will change the emphasis from
single professionals to families, which seems to be where the greatest need for affordable
housing units lies.
Mr. Chang stated that when he purchased the subject property, he was not planning
to provide affordable housing units. However, after recognizing the need for affordable housing
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units in Bozeman and after considering different financing options, he has decided to proceed
with an application for private activity revenue bonds.
Ms. Estella Villasenor, Executive Director of Career Transitions, stated that she
served
on the City's Housing Task Force. She noted that Career Transitions is
designed to prepare
. people in transition for the work force; and one of the barriers to this program is the lack of
affordable housing. She then encouraged the Commission to approve this request, noting it
could help to alleviate some of those problems.
Mr. Jim Hahn, Newman and Associates, an investment banking firm in Denver,
Colorado, stated his firm specializes in affordable housing financing. He
indicated that if the
Commission approves the use of private activity revenue bonds for the Acadia Gardens
(formerly Dickinson Manor) apartment complex, his firm will serve as underwriter.
He
emphasized the fact that these are conduit bonds, and that the security for those bonds will
be provided by the project and mortgage insurance issued by FHA.
Mr. Hahn stated that a four~part analysis is conducted prior to issuing of bonds.
Those parts include: (1) analysis of the market for the properties, (2) rents
and demand, (3)
. architectural review of the project, and 141 engineering review of the project. He stated that
the actual size of the bond issue is based on the FHA's decision on how much it is willing to
support. He stated, therefore, the actual amount of bonds sold could be under the $9 million
which is considered under this resolution of intent.
Responding to City Manager Wysocki, Mr. Hahn stated that Mr. Chang brought the
delinquent special improvement district assessments current when he purchased the subject
lots. To date, he has partially paid off some of those assessments; and if this financing
is
successful, he will payoff the remaining assessments in full when the financing closes.
Responding to questions from Commissioner Stueck, Mr. Hahn stated that reserves
for a project may be funded through private activity revenue bonds. He stated that it normally
takes eight to twelve months to process a claim through FHA; and the lending agency would
. prefer that the borrower have cash available during that period rather than defaulting.
Further responding to Commissioner Stueck, Mr. Hahn stated that if the applicant
does default, it will have no impact on the City's financial status because it is a stand-alone
issue. He noted that the documents which accompany the bond issue specifically state that
the City is not responsible for the bonds and that no claims may be brought against the City
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- 15 -
in the event of default.
Ms. Mae Nan Ellingson also addressed the issue of reserves, noting that both the
State statutes and the IRS specifically authorize a reserve from the bond proceeds.
That
amount may be up to 10 percent of the principal amount of the bonds or the amount of debt
service, whichever is less. She then assured the Commission that issuance of these private
. activity revenue bonds will have no impact on the City's ability to issue special improvement
district bonds, general obligation bonds or revenue bonds in the future.
Mr. Steve Hample stated that his concern about the potential for endangering future
bond ratings for the City seems have been adequately answered. He then stated that he serves
on the Board of Directors for Career Transitions; and he supports efforts to help this type of
project become successful, noting it will help to address the affordable housing issues in
Bozeman.
Responding to Commissioner Youngman, Mr. Hahn estimated that this type of
financing will lower the interest rate by almost 3 percent. He estimated that on a $7.5 million
bond issue, at a 3-percent savings in interest, the savings would be $220,000 for the first
. year, decreasing slightly each year thereafter.
Commissioner Youngman stated she is appreciative of the applicant's efforts to
provide affordable housing units. She then estimated that the lower rental rates for
the
affordable units which the applicant plans to provide will result in approximately $100,000 a
year. She questioned whether other expenses will absorb the remainder of the savings which
the applicant will realize from the lower interest rate.
Mr. Chang responded that with this type of financing, the applicant encounters
expenses for issuance of the bonds which are not incurred in other types of financing. He also
noted that with this type of financing, reports must be filed annually or semi~annually for a
fifteen-year period to ensure that compliance is maintained; and those reports, along with other
administrative fees will quickly eat up the additional savings.
. Mr. Hahn stated that the interest rate often makes the difference in the affordability
of a project, particularly a large one such as this. He then cautioned that the HUD analysis of
this project will set the maximum amount which can be borrowed; and that will determine
whether this project can proceed.
No one was present to speak in opposition to the issuance of private activity revenue
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bonds.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
City Manager Wysocki submitted
Commission Resolution
No. 3033 to the
. Commission, noting that it authorizes staff and applicant to proceed to the next step in the
process.
COMMISSION RESOLUTION NO.
3033
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONT ANA, RELATING
TO A PROJECT ON BEHALF OF DICKMAN
APARTMENTS, L.L.C., AND THE ISSUANCE OF REVENUE BONDS TO
FINANCE THE COSTS THEREOF UNDER MONTANA CODE ANNOTATED,
TITLE 90, CHAPTER 5, PART 1, AS AMENDED; APPROVING THE PROJECT
AND AUTHORIZING THE ISSUANCE OF BONDS THEREFOR.
City Attorney Luwe noted that adoption of this resolution simply allows the process
to move to the next step. He stated that, after FHA has completed its analysis, the
Commission will be asked to adopt another resolution pertaining to issuance of the bonds. He
then noted that in the meantime, the applicant may choose not to proceed or the Commission
may withdraw from the process.
. Responding to questions from Commissioner Youngman, City Attorney Luwe
cautioned it is important to provide the latitude necessary for the applicant to work within the
parameters set by the FHA pertaining to the rental rates for the affordable units. He
then
indicated that issue would be more appropriately addressed in the resolution pertaining to sale
of the bonds than in this resolution.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission adopt Commission Resolution No. 3033, approving the project and authorizing
staff and applicant to proceed with the private activity revenue bond process. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Stueck,
Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those
. voting No, none.
Public hearina - Zone Map Amendment - initiallv classifv 19.182 acres known as Tract 1, COS
No. 1955, and Tract B, COS 1817 as R-3 (south side of 2300 block of Durston Road) - Thomas
W. and Marie G. Fellows, and Willowbrook Condominium, Inc. (Z-94119)
This was the time and place set for the public hearing on the Zone Map Amendment
11~21-94
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requested by Thomas W. and Marie G. Fellows, and Willowbrook Condominium, Inc., under
Application No. Z-94119, to initially classify 19.182 acres known as Tract 1, Certificate of
Survey 1955 and Tract B, Certificate of Survey No. 1817 as R-3, Residential--Medium-density,
District. The subject site is more commonly located along the south side of the 2300 block of
. Durston Road.
Mayor Vincent opened the public hearing.
Assistant Planning Director Debbie Arkell presented the staff report. She reviewed
the surrounding zoning designations and developments, noting a majority of the property is
zoned R-3, with some R-3a; and it is generally developed with single-family residences.
The Assistant Planning Director noted that the City-County Planning Board approved
a condominium development, which is to include duplex and tri-plex condominiums, on the
subject site, contingent upon annexation and rezoning. She noted that the rezoning is being
considered at this time; and the public hearing on annexation of the site is scheduled for
December 5.
Assistant Planning Director Arkell stated that the City-County Planning Board
. conducted its public hearing on this zone map amendment at its November 1 meeting.
Following a review of the twelve criteria set forth for zone map amendments and the public
hearing, the Board forwarded its recommendation for approval, contingent upon annexation.
She noted that after receiving the application, staff considered the possibility of recommending
an R-3a zoning designation instead of the requested R~3, but after reviewing the application in
light of the twelve criteria, determined that the R-3 zoning is adequate. She stated that
through subdivision and zoning processes, steps can be taken to ensure that development of
this parcel under the R-3 zoning will be compatible with surrounding development.
Mr. Tom Fellows, applicant, indicated a willingness to respond to questions.
Mr. Phil Mazuranek, 24 North Western Drive, noted that the R-3 zoning designation
will allow single-family through four-plex development, at a density of up to twelve units per
. acre. He noted, however, that most of the development immediately around this subject parcel
is single-family development. He then cited some of the goals and objectives contained in the
development plan for County Zoning District No.1, noting that they include ensuring that any
new high-density developments will minimize impacts on adjoining lower-density development.
Mr. Mazuranek noted that any development occurring on the west side of Bozeman
11-21-94
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will utilize either West Babcock Street or Durston Road to gain access. He cautioned that both
roadways are in drastic need of improvement; and any additional impacts should be carefully
considered.
Assistant Planning Director Arkell cited some additional goals and objectives from
the
. development plan for County Zoning District No.1. She noted that those goals allow for multi-
family projects within that district, while ensuring that any impacts from those projects are
mitigated. She then stated that the R-3 zoning allows for one- to five-family residential
structures; and it also encourages a variety of housing types. She then reiterated
staff's
position that this requested R-3 zoning, when coupled with the development review processes
and subdivision review process, will allow for appropriate development of the site.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
Commissioner Stueck noted that the City is in the process of addressing the West
Babcock Street issue and is beginning the process for addressing Durston Road as well, since
both are recognized problems in the transportation system.
. There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Zone Map Amendment requested by Thomas W. and Marie G.
Fellows, and Willowbrook Condominium, Inc., under Application No. Z-94119, to initially
classify 19.182 acres known as Tract 1, Certificate of Survey 1955 and Tract B, Certificate
of Survey No. 1817 as R-3, ResidentialnMedium-density, District. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No,
none.
. Public hearing - Variances from Sections 18.30.050, 18.50.060:C.2, 18.50.060.A.1 ,
18.50.100.D.5.c., 18.50.110.0., 18.50.120.8, and 18.50.110.C,b.l. - Ileana Indreland on
behalf of herself, Michael Delaney, and Delaney & Co., Inc. - 707 West Main Street
(C-9421 )
This was the time and place set for the public hearing on the variances requested
by
Ileana Indreland on behalf of herself, Michael Delaney and Delaney & Co. Inc., under Application
No. C-9421, on Lots 7, 8, 9, 10 and 11, Block 1, Springbrook Addition, as follows:
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1. From Section 18.30.050, to allow the building to encroach 10
feet into the required 25-foot front yard setbacks from both West
Main Street and North 7th Avenue;
2. From Section 18.50.060.C.2., to allow the building to encroach
10 feet into the required 25-foot setback for corner side and front
yard setbacks from arterials;
. 3. From Section 18.50.060.A.l., to allow architectural features
(steps and planter) to encroach 18 feet into the required 25~foot
setback;
4. From Section 18.50.100.0.5.c., to allow approximately 200
square feet of landscaping, which is less than required 400 square
feet of landscaping in a parking lot;
5. From Section 18.50.110.0./ to allow the driveway on Main Street
72 feet from the intersection, to be less than the required 200
feet;
6. From Section 18.50.120.8., to allow 15-foot and 17~foot parking
stalls instead of the required 20-foot stalls and 22-foot-wide two-
way driving aisles instead of the required 26-foot-wide drive
aisles; and
7. From Section 18.50.11 0.C.2.b.L, to allow the use of the existing
20-foot-wide alley instead of a minimum 24-foot-wide two~way
commercial drive.
Mayor Vincent opened the public hearing.
. Assistant Planner Lanette Windemaker presented the staff report. She noted
that,
included in the Commissioners' packets was a letter from McLaughlin Architects, representing
the applicants, dated November 17. In that letter, Mr. McLaughlin has indicated that
the
applicants are seeking only the first two variances, which are:
1. From Section 18.30.050, to allow the building to encroach 10
feet into the required 25-foot front yard setbacks from both West
Main Street and North 7th Avenue; and
2. From Section 18.50.060.C.2., to allow the building to encroach
10 feet into the required 25-foot setback for corner side and front
yard setbacks from arterials;
They have determined that the remaining five code requirements can be met without any
variances. Attached to that letter was a new site plan depicting the changes which have been
. made to the original site plan.
The Assistant Planner characterized this as a fairly tight site, containing 15,080
square feet, 8.827 square feet of which is usable for building, parking and landscaping. Within
this buildable area are two large trees which occupy approximately 240 square feet of the
usable area. She stated that the subject site would easily allow a building with a gross floor
11-21-94
- 20 -
area of approximately 3,500 square feet, with its attendant parking and landscaping as required
by the code. The applicant is proposing a two-story building with 3,180 square
feet on the
main floor, 2030 square feet on the second floor and a full basement. The building is to house
4,733 square feet of office space. She cautioned that the Commission is
considering the
. requested variances only at this time, not the total site plan and design of the structure.
The Assistant Planner stated that since both West Main Street and North 7th Avenue
are arterials, a 25-foot setback must be provided from both streets under the zone code
requirements. The applicant is proposing 15-foot setbacks from each of those streets.
She
stated that the subject parcel is located in the B-2, Community Business, District; and adjacent
land uses include a convenience store, retail stores and a video rental store. Since the subject
parcel lies within two entryway corridors, any application for development of the site must be
subjected to review under the design objective plans as well as the zone code.
Assistant Planner Windemaker stated that staff has reviewed the requested variances
in light of the three criteria established by the Montana Supreme Court, as set forth in Section
18.56.060 of the Bozeman Municipal Code. The staff's comprehensive findings are contained
. within the written staff report, which has been submitted to the Commission.
She briefly
highlighted those staff findings, stating that staff has identified several factors which would
compromise public safety or health, finds that any hardship owing to conditions unique to the
property are not insurmountable with an appropriately sized structure, and does not believe that
approval of these requested variances would meet the spirit of the ordinance. On that basis,
she stated that staff is unable to support the requested variances.
Assistant Planner Windemaker then entered two letters of opposition, one from Mr.
Dick Pohl and one from Blockbuster Video.
Mr. Don McLaughlin, architect representing the applicants, showed the Commission
a sketch of the proposed building to be constructed on the site. He stated that the proposed
building would be located essentially along the foundation line of the house which has been
. removed. He noted that the proposed building would be set back 15 feet from the property
line along West Main Street, as compared to the zero setback of the Blockbuster Video building.
Mr. McLaughlin stated that the average setback along North 7th Avenue for buildings
in the immediate area is 16.2 feet; and along Main Street the average is 20.7 feet.
He then
stated that some dimensions must be met, such as those for the parking area; and decreasing
11-21-94
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- 21 -
those dimensions by even a few feet may render them unusable. He stated that preservation
of the four mature trees on the site is an important item to the applicants; and he has tried to
develop a design for the site which will allow them to remain. He cautioned that requiring the
25-foot setbacks be met will probably compromise at least two of the mature trees.
Mr. McLaughlin stated that under the design which he has developed, the parking
. would be hidden from direct view, thus enhancing the entryway. Also, he plans to maximize
the green space on the perimeter of the site. The design of the building is to carry the historic
fabric of the community to this pivotal corner; and that design includes a brick structure which
reflects Bozeman characteristics.
Mr. McLaughlin stated that he has reviewed the surrounding sites to determine the
percentages of coverage by buildings, paving and landscaping and has prepared a chart to
depict those percentages. He stated that buildings on surrounding sites cover an
average of
32 to 37 percent of the site; this proposal is for 23 percent. Paving covers 54 to 58 percent
of surrounding sites; this site would have 47 percent paving. Landscaping represents 8 to 9
percent of lot coverage on surrounding lots; this lot would be 30 percent landscaped.
He
. stated that, in light of these statistics, he does not believe the proposed development
represents overbuilding of the site. He suggested, rather, that it will enhance the fabric of the
area.
Assistant Planner Windemaker cautioned that surrounding developments are old or
re-used buildings, as opposed to new developments under the City's zone code.
Commissioner Stiff stated
he recognizes that limited
opportunities exist for
development of the subject site. He then asked for clarification of the
setback requirements.
Assistant Planner Windemaker stated that the 25-foot setbacks from arterials are
designed to provide the visibility needed as well as a green open space. She also noted that
a 25-foot setback provides a more pedestrian friendly atmosphere.- She recognized that while
it is typical for buildings to be constructed at the edge of the sidewalk in the B-3, Downtown
. Business, District, that is not the type of development which is desirable in the B-2 zoning
district, which is where the subject parcel is located.
The Assistant Planner indicated on the site plan where the sight triangle for the North
7th Avenue/West Main Street intersection is located. She noted
that the line of the sight
triangle is located at the edge of the proposed building, if the variances for the 15-foot setback
11-21-94
- 22 -
are approved. She reminded the Commissioners that this line represents the minimum distance
allowed, not an optimum situation.
Responding to questions from Commissioner Stiff, the Assistant Planner stated that
other new developments in the community are being constructed in conformance with setback
. requirements, such as new development at the intersection of North 7th Avenue and West Oak
Street. She noted that many corner lots in the community have already been developed with
smaller setbacks; and she suggested that developments which meet the setback requirements
could provide an attractive break.
Responding to questions from Commissioner Stueck, Assistant Planning Director
Arkell stated that the building across the street from City Hall was allowed to develop with no
setbacks because that is allowed in the downtown area. She further noted that with the
downtown setting, the 1 Q-foot-wide sidewalk and the traffic signal at the corner of North
Rouse Avenue and East Main Street, it was felt that the safety of pedestrians and vehicles
would not be compromised.
Responding to Mayor Vincent, Assistant Planner Windemaker stated that Section
. 18.50.060.C.2., allows for 15-foot setbacks for special side yards, except along arterials; and
the 25-foot setback is required along those roadways.
Responding to City Manager Wysocki, Mr. McLaughlin estimated that the sidewalks
along West Main Street are ten feet wide and six feet wide along North 7th Avenue. He then
estimated that the building would be approximately 22 feet from the back of the curb on North
7th Avenue if these variances are approved.
No one was present to speak in opposition to the requested variances.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
. Commissioner Stueck noted that for years, the little house sat on the corner lot with
its porch being located probably ten feet from the sidewalk on West Main Street. He then
stated he could support approval of the requested variances.
Commissioner Frost stated that he likes the proposed project. However, he noted that
the Commission must find that the application meets all three of the criteria established by the
11-21-94
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Montana Supreme Court; and he does not believe that it meets the second one. He suggested
that the only hardship encountered is an economic issue; and that cannot be considered as a
basis of hardship for a variance.
Commissioner Youngman stated
her concurrence with Commissioner
Frost's
. comments. She stated that, while she likes the design and appreciates the applicant's
willingness to work around the mature trees, she cannot support this application. She
suggested that using the history of development along arterials represents continuation of a
pattern that is not good enough under the existing zone code.
Commissioner Stiff stated he feels that the size of the lot and its configuration create
a hardship that should be considered. He then stated he feels the safety issues are adequately
add ressed. He indicated that, while he is
not particularly happy with the proposed
development, he feels it is appropriate to allow development of the site in a manner that
provides a viable use.
Mayor Vincent stated that he cannot justify approval of the requested variances in
light of the criteria established by the Montana Supreme Court. He noted that the sketches
. presented by the applicant's representative show a beautiful building that could be an asset to
the area. He stated, however, that he is not convinced that the safety issues at the
intersection will be met if the requested variances are approved. He suggested that a scaled
down project, based on the proposal which has been submitted this evening, could fit nicely
on the site and serve as an asset to the community.
Commissioner Stueck stated he views the limited access to the site from North 7th
Avenue and West Main Street as a hardship, particularly for motorists.
It was moved by Commissioner Youngman, seconded by Commissioner Stueck, that
the Commission deny the requested variances from Sections 18.30.050 and 18.50.060.C.2.,
of the Bozeman Municipal Code, to allow a new structure on Lots 7, 8, 9, 10 and 11, Block
1, Spring brook Addition, to encroach 10 feet into the required 25-foot front yard setbacks from
. West Main Street and North 7th Avenue, as requested by Ileana Indreland on behalf of herself,
Michael Delaney and Delaney & Co. Inc., under Application No. C-9421. The motion carried
by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Frost and Mayor Vincent; those voting No being Commissioner Stueck and
Commissioner Stiff.
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Public hearina - Zone MaD Amendment. A-S to M.1 - William F. BishoD for James and Doris
Ferauson . 2.0 acres located in the W%. SE~. NW~. NE~. NE~. and W"h. NE~. NW%.
NE~. NE~. Section 17. T2S. R5E. MPM (south of Huffine Lane and west of Gooch Hill Road)
(Z-94112)
This was the time and place set for the public hearing on the Zone Map Amendment
as requested by William F. Bishop for James and Doris Ferguson, under Application No.
. Z-94112, to change the zoning designation from A-S, Agriculture Suburban, to M-1, Light
Manufacturing, District on 2.0 acres located in the West one-half, Southeast one-quarter,
Northwest one-quarter, Northeast one-quarter, Northeast one-quarter and the West one-half,
Northeast one-quarter, Northwest one-quarter, Northeast one-quarter, Northeast one-quarter,
Section 17, Township 2 South, Range 5 East, Montana Principal Meridian. The subject site is
more commonly located south of Huffine Lane and west of Gooch Hill Road.
Mayor Vincent opened the public hearing.
Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated
that the subject 2.0-acre tract is located along the south side of Huffine Lane and east of the
Big Sky RV site, and is within the City's jurisdictional area. He stated that staff has reviewed
this application for zone map amendment from A-S to M-1 in light of the twelve criteria set
. forth in the Montana Code Annotated; and those findings are contained in the written staff
report, which has been submitted to the Commission.
The Associate Planner stated that the City-County Planning Board conducted its public
hearing on this application at its November 1 meeting. Following that public hearing, the Board
forwarded its recommendation for approval of the requested zone map amendment.
The Associate Planner stated that the applicant wishes to make a short presentation
to the Commission regarding development of the subject property, should the Commission
approve this rezoning. He cautioned, however, that this is informational only, and should not
be considered in the decision-making process on the requested rezoning.
Responding to Commissioner Stiff. Associate Planner Morris more accurately
. described the location of the subject parcel. He stated that it is immediately east of the
Big
Sky RV site; and estimated that there are two or three lots between it and Gooch Hill Road.
Mr. Bill Bishop, applicant, stated he is a co-owner of Southwest Montana Steel
Construction, Inc. Their offices are rapidly outgrowing their current location; and they wish to
relocate to the subject site, if the requested rezoning is approved. He showed the Commission
11-21-94
_ '...n_________
- 25 -
a sketch of their conceptual plan for development of the subject parcel, providing some
background information on the company at the same time.
Mr. Bishop noted that Huffine Lane is a major gateway to Bozeman; and he feels that
his business could be an asset along that corridor. He stated that since a single business would
. be located on the site, and since the business does not attract a heavy visitor load, this parcel
should serve as a buffer between businesses with more activity, such as the RV business to
the west, and potential and existing residential development to the south and east.
Responding to Commissioner Frost, Mr. Ben Tintinger, architect representing the
applicant, stated that the subject parcel is 160 feet wide and 670 feet long. He noted
that
with this narrow frontage, the State Department of Transportation will allow only a single
access to the parcel. He then indicated that no traffic generations for this proposed business
have been projected to date.
No one was present to speak in opposition to the requested zone map amendment.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
. There were no Commissioner objections to waiving the customary one-week waiting
period for land use decisions, so the Commission proceeded to the motion and vote.
It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the Zone Map Amendment as requested by William F. Bishop for James
and Doris Ferguson, under Application No. Z-94112, to change the zoning designation from A-
S, Agriculture Suburban, to M-1, Light Manufacturing, District on 2.0 acres located in the West
one-half, Southeast one-quarter, Northwest one~quarter, Northeast one-quarter, Northeast one-
quarter and the West one-half, Northeast one-quarter, Northwest one-quarter, Northeast one~
quarter, Northeast one-quarter, Section 17, Township 2 South, Range 5 East, Montana
Principal Meridian, and direct staff to bring back an ordinance enacting the change. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Stiff,
. Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those
voting No, none.
11-21-94
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Adiournment - 8:50 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
. Mayor Vincent; those voting No, none.
,.
ATTEST:
Glt~~
ROBIN L. SULLIVAN
Clerk of the Commission
e
.
11- 21-94